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2010 Jul 09 In or Out? More comprehensive changes in store for visa laws?

We all know that getting a Chinese visa can be a cumbersome process and a green card even more so. Ambiguous rules and their inconsistent enforcement have led to frustration amongst some expats in their struggles to reside here legally (see this post on Beijing-kids.com about China’s ambiguous dual citizenship policy). But now, according to a Global Times article, a new and more comprehensive immigration law could be passed and implemented by as early as 2011 that could, in theory, make the process of obtaining a visa and the associated rules and benefits much clearer.

Currently, there is a perception that the existing policy and regulations are problematic and inconsistently applied. Beijing Institute of Technology law professor Liu Guofu is (somewhat ambiguously) quoted as saying that once foreigners obtain a green card, “they are not able to get education, medical and social security benefits” – which we interpret as meaning green card holders in China, for various unspecified reasons, often do not receive the social welfare benefits (i.e. housing funds, local tax rates etc.) that their status entitles them to.  

Moreover, the article points out that while some people have taken issue with the strict rules and bureaucratic documentation involved in obtaining a green card, the new law would not make it any easier.  (Not surprisingly the Ministry of Public Security’s English website is still under construction)

What this latest round of legislative discussion will hopefully lead to are new and better immigration and visa laws to address these inconsistencies and ambiguities – the article says that new categories of visas with “more flexible expiration dates” will likely be rolled out, though the no further details are offered.

For now, it seems that if you are working or studying in China legally (i.e. with a valid Z or X visa) this could good news; but if you’re one of the many foreigners here indefinitely on tourist or business visas (i.e. L or F visas – see glossary below), be prepared for some seriously potentially ma fan next year.  

Different types of visas:

L (lüyou) – Tourist Visa The L visa is issued for family visits, sightseeing or “other private purposes.” L visas usually grant a period of 90 days to enter China and are generally valid for 30 days, though one may request a longer stay (they’ve been known to grant up to 180 days). Double- or multiple-entry is available.

F (fangwen) – Business Visa Officially, the F visa is designated for foreigners who are coming for a visit, an investigation or a lecture; to do business, scientific-technological and culture exchanges or short-term advanced studies; or to intern for a period of no more than six months. They are also issued to students studying for up to six months. As with the L visa, F visas usually grant you a period of 90 days to enter China and are then valid for 30 days, though a visa officer can, and usually will, grant a longer duration of stay. It is possible to get double- or multiple-entry visas for a stay of six or twelve months, for which one needs more documentation, such as a visa-issuance letter from a Chinese governmental organization or invitation letters from both a foreign company and its branch in China.

Z (jiuye) – Work Visa The Z visa allows the bearer to work full-time in China with a Chinese or foreign company, school or other entity and is also granted for accompanying family members. Applicants need a visa notification issued from the inviting organization and a work permit issued by the Chinese Labor Ministry or a Foreign Expert’s License issued by the Chinese Foreign Expert Bureau. Family members need proof of kinship.

X (xuexi) – Student Visa The X visa is intended for foreigners who come to China to study or intern for more than six months. Students need letters from their university.

G (guojing) – Transit Visa Required for travelers staying in China for over 24 hours. Single- and double-entry visas are available. This visa grants a period of 90 days to enter China and is valid for 7-10 days per entry. Details for nationalities vary, so check with the Chinese embassy or consulate in your country first.

D (dingju) – Resident Visa D visas are for foreigners who set up permanent residence in China. Apply through the local entry-exit department of the public security bureau in the city or county of planned residence.

J (jizhe) – Journalist Visa J-1 visas are issued to journalists working in China for over one year. J-2 visas are issued to those on temporary assignments in China. Applicants need to submit a press card and official letter from the Department of News, a branch of the Ministry of Foreign Affairs.

C (chengwu) – Crew Visa C visas are issued to crew members (and their accompanying family members) on international trains, airliners or water vessels.

Tourist Group Visa For a group of at least five people entering and leaving China together.

Diplomatic or Service Visa Issued to members of diplomatic missions, foreign governments, or the UN, traveling to China on official missions or for accreditation.

Exit & Entry Administration of the Public Security Bureau Mon-Sat 8.30am-4.30pm. 2 Andingmen Dongdajie (by Xiaojie Qiao), Dongcheng District. (8402 0101, 8401 5294) 北京市公安局出入境管理处,东城区安定门东大街2号

Re: In or Out? More comprehensive changes in store for visa ...

Any news on what's happening with the Green Card situation at the moment? I've heard from various people recently that it's been completely stopped.

On another (related) note, something that also appears to have changed recently is that the government has started using (or at least applying) a rule in the Foreign Expert Certificate regulations which states that a holder can only stay for a limit of 5 years, after which they must return home for at least one or two years. Apparently this regulation has always been there but was only used when the PSB wanted to 'get rid' of someone for other reasons. But this year I've heard of two unrelated cases (one in Beijing, one in another provincial capital) of teachers with perfect records in China (one of whom has been teaching in the same school for almost 15 years!) being suddenly denied a new working visa on the basis of this rule, given a one month tourist visa and effectively told to get out of China. Any ideas if this is related to/will be affected by this new law?

Re: In or Out? More comprehensive changes in store for visa ...

On the former (green card situation) - I don't believe it's been suspended. A friend of mine is currently applying for one and his approval is pending, so it appears they are still processing.

On the latter, I doubt that there is any serious "5-year rule" in effect (otherwise myself, and a lot of others I know, would be screwed).

However, I do anticipate that this latest push of legislative discussion is aiming to sort out these discrepancies, but it remains to be seen how much actually gets done and goes into effect.

This isn't the first time we've heard of such motions and surely won't be the last.

Jerry Chan, Editorial Director

Re: In or Out? More comprehensive changes in store for visa ...

I think the 5-year rule Lvrou talks about is restricted more or less to teachers working in state universities. I've heard of it being applied several times, but only ever in universities. In at least one case, the two teachers involved were evangelists blatantly using class as an opportunity to brainwash students, though of course nobody was told if that's why they were moved on.

I was also under the impression that the rule was used to move people out of one particular workplace, rather than to force them to leave China entirely. Another reason I'd thought universities used the rule was to ensure a turnover of staff, making sure that they didn't have long-standing staff asking for pay rises year on year, and could continue hiring foreign teachers for salaries in the region of RMB 4,000 a month. Loyalty means little to universities - anyone can be replaced.

I wonder if the 5-year thing has something to do with the Foreign Experts Certificate that Lvrou mentions. Aren't FECs only issued to people who work for universities and other state-run organisations and enterprises? Are they even issued now? I've never seen one since my first year in China, when I was teaching English in a university. If the 5-year rule is genuine at all, then perhaps it's only in places where expat staff are issued with FECs.

I don't think this 5-year thing has much bearing on people who work in private enterprises etc. I could be wrong. I wish it would stop raining on this Saturday afternoon ...

Re: In or Out? More comprehensive changes in store for visa ...

Ah yes - inconsistencies abound ...

Jerry Chan, Editorial Director

Re: In or Out? More comprehensive changes in store for visa ...

I think esperegus is right - the five year thing is more for people working in state institutions. And I'm not even sure it's a "rule" as such. But I know I used to work in an old-fashioned state-owned danwei and it is a rule that if you work at one of those places for a certain time (I think it's seven years) as a foreigner you are entitled to the same welfare benefits as locals, including a pension. They dealt with this situation by simply not renewing the contract of anyone who got anywhere near the seven year mark. Not sure if this applies to people teaching in universities though.

Register and post your own events on the beijinger website.

Re: In or Out? More comprehensive changes in store for visa ...

I am one of the very few foreigners in Beijing with a Green Card. There are so few it is often a trouble to use them in airports, hotels and other locations where you need to produce an identity. Mostly I am told "no passport???" and I answer NO, that's it. A bit tiring. Obtaining a Green Card has become nearly impossible and trying it is mostly a waste of time. You wonder why they actually came up with it. Until now I never saw any special advantage, except for being able to keep my passport at home and not bothering anymore with the yearly visa procedure. My feeling is that the new Law will make it much harder to get a visa and work permit in China. I am not optimistic.

Re: In or Out? More comprehensive changes in store for visa ...

Wow, thanks for that info, Laoshu - it never occurred to me that people not recognizing the green card would be a problem, but it's sadly not surprising to hear. Makes me think twice about going for one myself.

Jerry Chan, Editorial Director

Re: In or Out? More comprehensive changes in store for visa ...

The green card is a public relations exercise, nothing more. If you have it, you probably been in the China Daily as an example citizen. I tried to apply some years ago, although I did meet specifications, application was always pending and in the end not given. If the card is not given to you, do not try to go through the hassle.

On other visa: just get your stuff in order, do not whine when you are a student and decided to work with your student visa and get into trouble. The US, EU and any other country in the world requires you to get proper papers. That China has "ways around" does not mean you should complain when you choose to be dodgy and trouble happens. If you are an illegal immigrant anywhere else you can expect to be deported, kicked out, etc etc.

Re: In or Out? More comprehensive changes in store for visa ...

Just read the Global Times article. In short, if you already have the right visa for the purpose of your visit, nothing will change.

If you have the incorrect visa for the purpose of your stay; see next paragraph.

If you are a criminal, an asylum seeker or have nothing else to offer, the new rules make it easier to deport you.

It will take many years before China becomes an open community. Just get the right visa and do what you came here for.

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